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Mark Herring to challenge Virginia same-sex marriage ban

Gay nuptials supporter says “elections have consequences”

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring (Photo courtesy of Herring for Attorney General)

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s same-sex marriage ban.

Herring in a statement declared the gay nuptials ban unconstitutional. He also said he will join a federal lawsuit challenging it that two same-sex couples from Norfolk and Richmond — Timothy Bostic and Tony London and Carol Schall and Mary Townley — filed last year.

“Virginia has argued on the wrong side of some of our nation’s landmark cases,” said Herring, noting the U.S. Supreme Court’s Loving v. Virginia decision that struck down interracial marriage bans and other issues. “It’s time for the commonwealth to be on the right side of history and the right side of the law.”

State Del. Scott Surovell (D-Fairfax County) welcomed Herring’s announcement.

“Elections have consequences and the U.S. Supreme Court’s Windsor decision makes clear that we must give full faith and credit to non-Virginia gay marriages,” the Fairfax County Democrat told the Washington Blade after the Post published its story. “Attorney General Herring is simply enforcing the law of the land as reflected [and] interpreted by the U.S. Supreme Court six months ago.”

Equality Virginia Executive Director James Parrish described Herring’s decision as “truly commendable.”

“This is a new day for loving gay and lesbian couples who want to marry the person they love in the state they call home,” Parrish told the Blade. “Thanks to Mark Herring, today we are one step closer to equality and fairness for LGBT Virginians.”

State Sen. Adam Ebbin (D-Alexandria) also welcomed the former Loudoun County senator’s announcement.

“We’re the birthplace of the Bill of Rights, but unfortunately also the place that outlawed interracial marriage,” Ebbin told the Blade. “Tt’s nice to be getting it right and be on the right side of history and not move backwards.”

Pat Mullins, chair of the Republican Party of Virginia, blasted Herring over his decision not to defend the commonwealth’s same-sex marriage ban.

“If Mark Herring doesn’t want to defend this case, he should resign, and let the General Assembly appoint someone who will,” said Mullins. “Mark Herring owes the people of Virginia no less.”

National Organization for Marriage President Brian Brown said state lawmakers should impeach Herring for what his organization described as a “lawless” decision.

“The attorney general swore an oath that he would ‘support… the Constitution of the commonwealth of Virginia’ and faithfully discharge his duties, which include defending duly enacted laws like the state’s marriage amendment,” said Brown. “Yet now Attorney General Herring is participating in a lawsuit against the very people he is sworn to represent, the citizens of Virginia who preserved marriage in their constitution. This malfeasance and neglect of duty is not only a disgrace, it’s an impeachable offense under the constitution.”

House Speaker Bill Howell (R-Stafford County) is among those who also sharply criticized Herring.

“What we really have here is a breakdown of the rule of law,” said state Sen. Dick Black (R-Loudoun County) during an interview with Bruce DePuyt of News Channel 8.

The announcement comes less than two weeks after Herring took office alongside Gov. Terry McAuliffe and Lieutenant Gov. Ralph Northam.

Former Attorney General Ken Cuccinelli, who ran against McAuliffe, vehemently opposed marriage rights for same-sex couples in the commonwealth. The former GOP gubernatorial candidate wrote in a non-binding opinion to state Del. Bob Marshall (R-Prince William County) one day before leaving office that a governor may not require any state government agency to allow gays and lesbians to receive “joint marital status” for state income tax returns.

Herring in 2006 voted against marriage rights for same-sex couples while in the state Senate. Virginia voters the same year approved a state constitutional amendment banning gay nuptials by a 57-43 percent margin.

State Del. Mark Cole (R-Fredericksburg), chair of the Virginia House of Delegates Privileges and Elections Committee, earlier this month announced it will not consider any proposed resolutions that sought to repeal the marriage amendment during the 2014 legislative session.

The House Civil Law Subcommittee on Monday narrowly struck down Surovell’s bill that would have repealed the commonwealth’s statutory same-sex marriage ban.

State Del. Rob Krupicka (D-Alexandria) earlier this month introduced a proposed resolution that sought to amend the state constitution to allow same-sex marriage in Virginia. The Alexandria Democrat’s proposal would have also allowed the commonwealth to recognize gay nuptials legally performed in neighboring D.C. and Maryland and other jurisdictions.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk is scheduled to hold a hearing in the Bostic case on Jan. 30. The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit on behalf of two lesbian couples who are seeking marriage rights in the state.

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District of Columbia

D.C. Council urged to improve ‘weakened’ PrEP insurance bill

AIDS group calls for changes before full vote on Feb. 3

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HIV + HEP Policy Institute Executive Director Carl Schmid. (Photo courtesy of Schmid)

The D.C.-based HIV + Hepatitis Policy Institute is calling on the D.C. Council to reverse what it says was the “unfortunate” action by a Council committee to weaken a bill aimed at requiring health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

HIV + HEP Policy Institute Executive Director Carl Schmid points out in a Jan. 30 email message to all 13 D.C. Council members that the Council’s Committee on Health on Dec. 8, 2025, voted to change the PrEP DC Act of 2025, Bill 26-0159, to require insurers to fully cover only one PrEP drug regimen.

Schmid noted the bill as originally written and introduced Feb. 28, 2025, by Council member Zachary Parker (D-Ward 5), the Council’s only gay member, required insurers to cover all PrEP drugs, including the newest PrEP medication taken by injection once every six months. 

Schmid’s message to the Council members was sent on Friday, Jan. 30, just days before the Council was scheduled to vote on the bill on Feb. 3. He contacted the Washington Blade about his concerns about the bill as changed by committee that same day.

 Spokespersons for Parker and the Committee on Health and its chairperson, Council member Christina Henderson (I-At-Large) didn’t immediately respond to the Blade’s request for comment on the issue, saying they were looking into the matter and would try to provide a response on Monday, Jan. 2.

 In his message to Council members, Schmid also noted that he and other AIDS advocacy groups strongly supported the committee’s decision to incorporate into the bill a separate measure introduced by Council member Brooke Pinto (D-Ward 2) that would prohibit insurers, including life insurance companies, from denying coverage to people who are on PrEP.

“We appreciate the Committee’s revisions to the bill that incorporates Bill 26-0101, which prohibits discrimination by insurance carriers based on PrEP use,” Schmid said in his statement to all Council members.

 “However, the revised PrEP coverage provision would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes,” Schmid added.

He told the Washington Blade that although these protections are currently provided through coverage standards recommended in the U.S. Affordable Care Act, AIDS advocacy organizations have called for D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The District of Columbia has always been a leader in the fight against HIV,” Schmid said in a statement to Council members. But in a separate statement he sent to the Blade, Schmid said the positive version of the bill as introduced by Parker and the committee’s incorporation of the Pinto bill were in stark contrast to the “bad side  — the bill would only require insurers to cover one PrEP drug.” 

He added, “That is far worse than current federal requirements. Obviously, the insurers got to them.”

  The Committee on Health’s official report on the bill summarizes testimony in support of the bill by health-related organizations, including Whitman-Walker Health, and two D.C. government officials before the committee at an Oct. 30, 2025, public hearing.

 Among them were Clover Barnes, Senior Deputy Director of the D.C. HIV/AIDS, Hepatitis, STD, and TB Administration, and Philip Barlow, Associate Commissioner for the D.C. Department of Insurance, Securities, and Banking.

Although both Barnes and Barlow expressed overall support for the bill, Barlow suggested several changes, one of which could be related to the committee’s change of the bill described by Schmid, according to the committee report.  

“First, he recommended changing the language that required PrEP and PEP coverage by insurers to instead require that insurers who already cover PrEP and PEP do not impose cost sharing or coverage more restrictive than other treatments,” the committee report states. “He pointed out that D.C. insurers already cover PrEP and PEP as preventive services, and this language would avoid unintended costs for the District,” the report adds.

PEP refers to Post-Exposure Prophylaxis medication, while PrEP stands for Pre-Exposure Prophylaxis medication.

 In response to a request from the Blade for comment, Daniel Gleick, Mayor Muriel Bowser’s press secretary, said he would inquire about the issue in the mayor’s office.

Naseema Shafi, Whitman-Walker Health’s CEO, meanwhile, in response to a request by the Blade for comment, released a statement sharing Schmid’s concerns about the current version of the PrEP DC Act of 2025, which the Committee on Health renamed as the PrEP DC Amendment Act of 2025.

 “Whitman-Walker Health believes that all residents of the District of Columbia should have access to whatever PrEP method is best for them based on their conversations with their providers,” Shafi said. “We would not want to see limitations on what insurers would cover,” she added. “Those kinds of limitations lead to significantly reduced access and will be a major step backwards, not to mention undermining the critical progress that the Affordable Care Act enabled for HIV prevention,” she said.     

 The Blade will update this story as soon as additional information is obtained from the D.C. Council members involved with the bill, especially Parker. The Blade will report on whether the full Council makes the changes to the bill requested by Schmid and others before it votes on whether to approve it at its Feb. 3 legislative session. 

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Maryland

Dan Cox files for governor, seeking rematch with Moore

Anti-LGBTQ Republican ran in 2022

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Dan Cox, the 2022 Republican nominee for governor, has filed to run again this year. (Photo by Kaitlin Newman for the Banner)

By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.

Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.

Cox listed Rob Krop as his running mate for lieutenant governor.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

Maryland General Assembly opened on Jan. 14

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Maryland State House (Washington Blade photo by Michael Key)

FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14.

Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland.

Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks.

FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. 

Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland.

The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged.

Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker.

The General Assembly’s legislative session is expected to end on April 13.

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